Annual Technical Report 2002 on Trademark Information Activities submitted by Canada (SCIT/ATR/TM/2002/CA)
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I. Evolution of registration activities
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Trade-mark Filings
Year............. Residents..... Non-residents.......... Total.............% change
1998............ 17,980........... 18,774................... 36,754
1999............ 20,513........... 21,234................... 41,747........... 13.58%
2000............ 23,410........... 24,294................... 47,704........... 14.27%
2001............ 18,450........... 21,996................... 40,446........... -15.21%
2002............ 17,068........... 19,664................... 36,732........... -9.18%
Trade-mark Registrations
Year............. Residents...... Non-residents............ Total............. % change
1998............. 8,718............. 10,024....................18,742
1999............. 7,461............. 7,606..................... 15,067............ -19.61%
2000............. 9,604............. 8,764..................... 18,368............ 21.91%
2001............. 8,222............. 8,787..................... 17,009............ -7.40%
2002............. 8,245............. 8,820..................... 17,065............ 0.33%
II. Matters concerning the generation, reproduction, and distribution of secondary sources of trademark information, i.e., trademark gazettes
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The weekly Trade-marks Journal (gazette) is published using the electronic desktop publishing software Framemaker. Framemaker provides enhanced functionality, spell-checking capability and ease-of-use required for the preparation of the Trade-marks Journal.
The weekly Trade-marks Journal is now available on-line via our CIPO Web Site at http://cipo.gc.ca in PDF (portable document format). All Trade-marks Journals from January 2000 onwards are available on-line.
Main types of announcements of the Office in the field of trademark information
The weekly Trade-marks Journal (gazette) contains marks for applications filed, which are advertised following approval, and announcements regarding registrations. These announcements include:
- the date of the application/registration
- the serial number of the application/registration
- the name and address of the owner
- a reproduction of the trade-mark or necessary information for public inspection
- a statement of wares and/or services.
The weekly Trade-marks Journal also contains notices pertaining to Office Practices and Policies and other various types of notices on information pertaining to the Trade-marks Office
Mass storage media and microforms used
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Canada does not follow a formal classification system for wares or services. Trade-mark applicants are required to file a statement in ordinary commercial terms of the specific wares and/or services for their trade-mark. While Canada does not follow a formal classification system, the wares or services are classified under the NICE classification system for reference purposes.
Canada currently uses a “key word” method of indexing the trade-mark (word elements and figurative elements). Canada has just completed a project to code the figurative elements using the Vienna Classification system. The Vienna Codes are now available on the Canadian Trade-marks Database on the CIPO Internet site.
Use of electronic classification systems to check the classification symbols furnished by an applicant and which are contained in the lists of goods and/or services
The wares and services are classified for reference purposes under the NICE classification using an automated classifier which is part of the NUANS (Newly Updated Automated Name Search) system.
The automated classifier dictionary has been updated with the latest version of the NICE classification.
Obligation for applicants to use pre-defined terms of the classification applied
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The Trade-marks Office utilizes an end-to-end trade-mark processing system, INTREPID II, and the system became fully operational in November 1996. INTREPID II operates in a client/server environment. All trade-mark employees have access to the system via an internal, Local Area Network (LAN) and/or dial up lines. The system contains bibliographic trade-mark data dating from the beginning of Canada's trade-mark management system in 1864, including pending and registered trade-marks, trade-mark designs, outgoing correspondence and trade-mark notices. INTREPID II is used within the office to manage the overall trade-mark process, including examination, opposition, assignments and renewals, and is able to make process decisions automatically. The system supports such specific office processes as preparing correspondence, updating information, preparing and transmitting notices electronically, and producing of the Trade-marks Journal.
In July 1999, an electronic trade-mark application filing component was added to allow a client to file their trade-mark application electronically over the Internet. The electronic commerce services have been continuously upgraded and expanded with the most recent addition of Trade-mark Renewals now being available over the Internet. For all client front-ends, the information is checked for completeness, the information is transferred to the Office via the Internet, the information is automatically loaded into the INTREPID II system and an electronic acknowledgement (in PDF) is emailed back to the client.
Other trade-mark automation initiatives in the area of Electronic Commerce being considered are:
Additional electronic bi-directional transactions such as assignments, etc., and Office initiated correspondence such as renewal notices, allowance notices, etc. will be added over the next 1-2 years. CIPO is also investigating upgrading its existing trade-mark electronic commerce transactions into a standard XML format.
External databases
CIPO uses a Web based search system Marque D’Or for trade-mark searches. As well, CIPO provides its trade-mark data to other commercial databases for external client use.
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The INTREPID II system is a client/server system with the client component developed with Centura 2000 (formerly Gupta), and the UNIX (HP-UX) server using an ORACLE v8 database. Novell file servers are used for electronic mail and for sharing common files during development. A NFS disk area on the main server is used to hold the design images. This allows client workstations to access the designs within the client interface, while storing all design images under the control of the main server.
SERVER
· HP 9000 series model L-1000
· Operating System HP-UX 11.0
· 180 GB Disk (Raid5), 4GB RAM
· Oracle RDMS V 8.1.7.3
· Oracle SQL*Net V 8
· Microfocus COBOL Version 4.1 rev. 4
· TCP/IP
CLIENT WORKSTATION
· Over 140 workstations are connected to the server
· Pentium based (min 600MHz, 256MB RAM, 10GB disk)
· 17" or 21” SVGA monitors
· MS-Windows 2000, Word 2000, Centura 2.1, TCP/IP SQL*Net 8.0
· ViewNow NFS (Network File System)
· some workstations with Bar-code readers and/or scanners
PRINTERS direct connect and networked
· Lexmark T622 and T616 network printers
NETWORK
· TCP/IP (10 base-T)
· 100 mb between server and hubs
· 10 mb between hub and workstation (to be upgraded to 100mb)
VI. Administration of trademark services available to the public (relating to facilities, e.g., for lodging applications, registering trademarks, assisting clients with search procedures, obtaining official publications and registry extracts)
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CIPO has consolidated the public access areas (search rooms) of the various IP products (patents, trade-marks, copyrights, industrial designs, integrated circuit topographies) into a single Client Service Centre. This Client Service Centre houses both the manual search collections as well as access to the automated search systems. The Client Service Centre is available to the public during normal office hours, 8:00-16:45 at its Headquarters located in Hull, Québec.
Information Officers are available in the Client Service Centre to assist the public in all aspects of their IP requirements.
Collection management, preservation
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Public access to the trade-mark electronic processing system (INTREPID II) is available in the Client Service Centre.
The trade-mark database is available to the public on the Internet via the CIPO web site. The following trade-mark reference material is also available to the public via the CIPO web site:
· Trade-marks Act and Regulations
· Examination Manual
· Wares/Services Manual
· Practice Notices
· Trade-marks Guide
· Sample Forms
· Other reference materials
· All Trade-marks Journal (in PDF format) as of January 2000
The official index that is required to be kept under the supervision of the Registrar of Trade-marks pursuant to subsection 28(1) of the Trade-marks Act, is now accessible in the Canadian Trade-marks Database on the CIPO Internet site.
VII. Matters concerning mutual exchange of trademark documentation and information
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CIPO is presently providing trade-mark data to a variety of licenced external database search providers.
Weekly updates of Trade-mark data and design images are provided to the licenced external database search providers.
VIII. Matters concerning education and training including technical assistance to developing countries
IX. Other relevant matters